Dáil Éireann Debate, Tuesday - 22 May 2018
248. Deputy Maurice Quinlivan asked the Minister for Education and Skills if, in cases of historical sexual abuse in which a prior complaint cannot be established but the perpetrator has been convicted of the crime, survivors of this abuse will be compensated; and if he will make a statement on the matter. [22714/18]
Amharc ar fhreagraWidening the parameters of the ex-gratia scheme introduced following the ECtHR judgment in the Louise O'Keeffe case to include cases where there was no prior complaint but there was a criminal conviction has been examined.
Such an approach would unfairly discriminate against those who were abused but whose abusers were not convicted (e.g., due to no complaint, level of response to the complaint, investigation of the complaint, a decision not to prosecute or acquittal in Court).
In addition, the fact that there was a criminal conviction, while it might provide evidence of abuse, does not of itself provide a causal connection to a failure to act on the part of the State.
There is consistent legal advice that the State's interpretation of the ECtHR judgement in the Louise O'Keeffe case is legally sound and in keeping with that judgement.
